Niraj Niraj
Jun 1, 2021
Filling for i-485
Hello, i have a question, my priority date is current but my i-130 is still pending almost 6 yrs its a f2b category, i also have visitors visa my question is can i come to usa and file form i-485 or do i have to wait it out my homecountry. Thank you
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Adam TJun 1, 2021
Staying in your home country might be the best for you due to Covid-19 and slow processing time. on the good side of staying in your country is that you will enter the US with an immigration visa stamp on your passport, and you will receive your Green card in the mail after a month or so, and the immigration visa on your passport will allow you to get a SSN and can start working immediately, it is just like a green card. If you would come to the US, assuming you would have no issue in entering the US, then apply for adjusting your status (I-485 and I-765). then you would not be allowed to work at all unless you receive your EAD card and might take really a while ( maybe at least 6 months if you are pretty lucky), if you work without EAD, it will be pretty bad since you are not married to the US citizen and it will not be forgiven, so it would be hard to survive in the US with no job for 6-12 months unless that is not an issue for you. Also, you might get an interview at least after 1 year; then the officer might consider that you have lied when you apply for visiting visa since your purpose was to visit and then return to your home country!
I am not a lawyer and this is my opinion! let's hear from the other friends here and it hopefully will shed some light for you. Best!
by the way, which country you are from and what is your priority date for your I-130 (i.e. when did you submit your I-130)
all the best
Niraj NirajJun 1, 2021
Thanks for your input, really appreciate it, i’m from nepal and my priority date is august 22 2015, the reason i want to come to us and do the other paper work is the us embassy is shutdown due to covid so it may be while b4 they are open and other reason being what worries me is the pending i-130, just maybe if i get there since i have a visa, i can hire a good lawyer and help me with my pending i-130.
Adam TJun 1, 2021
The idea, from my point of view, is that a visitor visa requires nonimmigrant intent, so using your visitor visa to enter the US, then adjust your status might get you in trouble when it comes to an interview. For your pending I-130, it should be straightforward since there is not much to prove here; when your parents ( the petitioners) submitted your application back in August 2015, they probably presented your birth certificate ( or adoption documents) and their birth certificate to show that there is the parent and you are their son. So, let your parent submit a request for USCIS that their case is outside of normal processing time. Good luck
Niraj NirajJun 1, 2021
Thank you Mr Adam i totally understand what you are saying, much appreciated .
